When someone dies leaving a Will, the executor named in that Will generally needs to obtain a Grant of Probate from the Supreme Court of Victoria before they have the legal authority to collect and distribute the estate's assets. Understanding when probate is required and how to obtain it efficiently is one of the first practical steps after a bereavement.
Probate is a Grant issued by the Supreme Court of Victoria confirming that a Will is valid and that the named executor has the legal authority to administer the estate. It is proof — recognised by banks, share registries, the Land Registry and other institutions — that the executor can act.
Not every estate requires probate. Small estates, jointly-held assets that pass by survivorship, superannuation (which passes outside the estate), and life insurance with nominated beneficiaries generally do not require probate. However, where the deceased owned real property in their own name, held significant financial accounts, or held shares, probate is typically required by the relevant institutions before they will release the assets.
The process begins with advertising, then filing the probate application with the Probate Office of the Supreme Court of Victoria. The court examines the Will and supporting material and, if satisfied, issues the Grant.
The original signed Will must be filed with the court — a copy is not sufficient. If the original cannot be located, an application to prove a copy Will may be possible. We advise on the options.
A notice is published in the Victoria Government Gazette advertising the intention to apply for probate and inviting creditors of the estate to come forward. A waiting period then applies before filing.
The application includes the original Will, a death certificate, an inventory of assets and liabilities, and supporting affidavits from the executor. We prepare all documentation and manage the filing.
The Probate Office reviews the application. If it is in order, the Grant of Probate is issued — usually within a few weeks for a straightforward estate. The executor can then collect assets and administer the estate.
General information only. This is not legal advice — your situation is unique. Contact us for advice specific to your circumstances.
We advise upfront on whether probate is actually required for your estate — avoiding unnecessary cost where assets can be transferred without it.
We prepare the complete probate application — Will, affidavits, inventory and correspondence — to the standard required by the Probate Office, minimising delays.
Once probate is granted, we assist executors in presenting the Grant to banks, share registries, the Land Registry and other institutions to release and transfer assets.
Executors have personal legal obligations. We guide you through your duties — from initial steps through to final distribution — so you are protected from personal liability.
After the advertisement waiting period (typically 2 weeks), the Probate Office generally processes straightforward applications within a few weeks to a couple of months. Complex estates, or those with challenges, take longer. This is general information only.
For small estates or where all assets are held jointly, it may be possible to administer without probate. However, most institutions holding significant assets will require a Grant before releasing them. We can advise on your specific estate. This is general information only.
If someone intends to challenge the validity of the Will (for example, on grounds of lack of capacity or undue influence), they can caveat the probate application. This triggers a more complex contested probate process. We advise on both sides of contested probate matters. This is general information only.
An executor is responsible for collecting the estate's assets, paying debts and expenses, filing tax returns, and distributing the estate to beneficiaries in accordance with the Will. Executors have personal liability if they distribute incorrectly. This is general information only.
If the named executor has died, lacks capacity, or renounces the role, an administrator can be appointed instead. This requires an application for Letters of Administration with the Will annexed. This is general information only.
The information on this page is general information only and does not constitute legal advice. Your situation is unique — please contact us for advice specific to your circumstances.
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